Kristin Alden’s Answers

Does my employer have the right to reject my doctors note not to work after a car accident?

I was in a car accident on October 2, 2016 and the doctor gave me 5 weeks off but my employer has been harassing me to come to work. They also allowed another employee 6 weeks of teleworking privileges and denied me 5 weeks. What are my rights.

Kristin’s Answer

November 14, 2016 4:14pm

In Washington, the DC Family Medical Leave Act (16 weeks) is more generous than the Federal FMLA (12 weeks). Do some google searching to see if you and your employer are covered under either. Additionally, you might be entitled to a reasonable accommodation for a medical condition under the Americans with Disabilities Act and/or the DC Human Rights Act, depending on details concerning your medical condition(s). For a better analysis of that, it would be worthwhile to talk with an employment lawyer. Finally, take a look at your employer's employee handbook.

Can federal supervisors speak publically about pending EEOC hearing?

Mine did speak to Security investigators and I lost my pending job.

Kristin’s Answer

November 9, 2016 8:32pm

No. The administrative process for federal employees is protected by the Privacy Act, so you should not talk about it. If you have questions, you can talk with your agency's General Counsel. They are not your attorney, but they can provide advice.

Am I being discriminated, retaliated and harassed against

This is the second time I having to contact EEO because I my employers the first I allowed HR to handle the situation of discrimination based on disability and now the situation still persist despite me contacting my chain of command. (See Below)
...

Kristin’s Answer

October 13, 2016 7:19pm

Hello,
I recommend you talk with an attorney. It sounds like you have several potential issues at play, such as unequal treatment discrimination, failure to accommodate, and retaliation.
If you work for a federal agency, your attorney can be licensed anywhere, but if you work for a state agency or private employer, you'll need to find someone licensed in the state where you work.
Best of luck.

What are the best practices after receiving a "proposal for removal" from a federal employer?

I am a new hire with a federal agency and I received a proposal for removal. It was explained to me that although I was still in my probationary period my status as a "protected veteran" afforded me the opportunity to rebut the allegations in the ...

Kristin’s Answer

August 16, 2016 4:00pm

I agree with my colleague who already posted; you should consult with an attorney. For most federal employees, the length of the probationary period depends on the agency, type of position you're in (excepted vs. competitive service) and whether you are a preference eligible veteran. There are other factors also, but these are the primary ones. Your rights likely change considerably after you complete your probationary period. Your rights might also be affected by the "true reason" (not the purported reason in the Proposal). When talking with a lawyer, it will be helpful to bring your SF-50 and the Proposal. The process for responding to the Proposal also depends on several factors but is probably outlined in the proposal itself (or, at least, it probably should be). You would be well served to talk with a lawyer who specializes in federal sector employment about the process that applies in your circumstances, the appeal process, your potential avenues for challenging the Proposal, and what happens if the proposal is sustained (all of which I can't answer here because I don't have enough information about your circumstance). One your ammunition yourself with this information, you can make a more informed decision on how to challenge the proposal and whether to hire a lawyer to help you fight it or to negotiate with the agency.

What federal law governs a federal employee right to file a discrimination/retaliation complaint against the agency?

It was my understanding a current or former federal employee of the agency had a right to file a discrimination/retaliation complaint and the agency and EEO were required by federal regulations to investigate and try to resolve the complaint.
The...

Kristin’s Answer

June 29, 2016 8:21pm

Selected as best answer

The EEO office is supposed to be neutral; it is not supposed discourage an individual from exercising his right to file a discrimination complaint. The applicable regulations for the agency’s processing of the complaint are at 29 C.F.R. § 1614. The EEOC has also issued essential guidance (google EEOC Management Directive 110). You can also find flow charts on-line that try to explain how the process works (search for images of EEO federal sector complaint processing). If the employee wishes to pursue the complaint, they should do so. If more than 45 days have passed since the last discriminatory/retaliatory event, the EEO office might claim that the complaint is untimely. There are several arguments against that claim, and the employee would be well served to talk with a lawyer who specializes in federal sector employment law. I can’t comment on the agency Director’s communications with Congress, as it’s not clear what the Congressman asked or the context of the agency’s response. If the EEO office told a Congressman that it refuses to use agency resources to process an employee’s (or former employee's) discrimination complaint, I would talk with a lawyer about that as well.

How and what type of complaint to file as a federal government as employee for work place bullying by a supervisor?

Work commitments are on an annual basis. My manager gets angry when I go to the next in line supervisor when he does not resolve issues relating to my performance. Therefore, he has put a one week deadline on a task which takes about 30 days to c...

Kristin’s Answer

June 27, 2016 4:42pm

You ask if your supervisor's actions are legal. Maybe, maybe not. The real issue is: what can you do about the unfair treatment? Depending on why the supervisor is doing this., your options might be different. In any case, it sounds like your supervisor is not giving you fair work assignments that can be completed in the time-frames. This kind of situation could lead to a performance based action, such as a performance improvement plan, or to some kind of conduct action. You should seriously consider talking to an attorney who knows federal sector employment law to help you figure out why this is happening and if there is anything you can do about it. If you're covered by a collective bargaining agreement, you might save yourself some money by starting with the union.

Does an employer have access to your Public Trust form information?

I need to get a Public Trust Clearance with my employer. All of the information that I fill out on the form for the Public Trust, is that visible to the employer? Are they allowed to see all of that information or is it just for the eyes of the ag...

Kristin’s Answer

June 24, 2016 4:39pm

In short, no, the employer does not see your form. When you apply for a security clearance, the people who review the clearance are an entirely different set of people from your managers / employer. Usually the employer only knows if you passed or failed the clearance.
When you apply for a clearance, it's important to be truthful. For example, the SF-86 (the form used for national security) asks if you left a job by mutual agreement following notice of unsatisfactory performance and the true answer is "yes." But let's say also that you did not mention this on your resume or in your interview (and let's assume you did not lie during your application process). You should answer honestly. If this is a grey area for you, you might want to consult with an attorney on advice on how to answer difficult questions honestly and in a way to preserve the likelihood of passing the clearance.
Obviously there are a host of other issues that might come up during the clearance review - drug use, arrests, convictions. If you have any concerns about any of the information the form elicits, it's worthwhile to consult a lawyer who is familiar with this territory.

I informed my employer, over the last 9 months, of many DCAA and government accounting violations - and my position was recently "eliminated" with no explanation, other than a "reorganization". I also was not paid my quarterly bonus, nor my earned...

Kristin’s Answer

June 1, 2016 2:29pm

Your situation raises several possible claims which you should review with an attorney. There might be a retaliation claim under federal law; there might be a claim for wrongful termination in violation of public policy, depending on the state where you are employed (looks like you are in Virginia which has this claim).

There may also be some sensitive procedural issues under the False Claims Act including a possible "qui tam" which is a kind of reward for folks who disclose fraud against the government in government contracting. However, there are very specific procedural requirements for this kind of claim and it's easy to make a mistake which cuts off some of your options/rights.

To make sure you don't make any missteps that might limit your rights and possible claims, we encourage you not to talk with anyone, including any IG, until you have gotten advice from a firm experienced in whistleblowing reprisal. If you work in Virginia, you should seek a lawyer licensed in Virginia.

Can a federal employee retire with an EEO pending against him/ her?

I filed an EEO against a federal supervisor prior to him/ her retiring. EEO was processed late and thus the federal supervisor retired and I don't know what will happen now.

Kristin’s Answer

April 13, 2016 12:05pm

Yes you can. The retirement does not typically impact your ability to pursue your claim, but it might alter the amount of relief you can get if you win/settle. For example, if it's a non-promotion and you win, you would be entitled to a retroactive promotion with back pay and benefits (including increased retirement contributions) through to the date of your retirement, but you would not be entitled to any additional salary after your retirement date.

Harassment / hostile work environment claims are a little more complicated. If you are / have retired because of the harassment, you should talk with a lawyer. The retirement might be a factor in how you characterize and argue your damages and might lead to its own claim, depending on the circumstances. This might apply also to situations where you have asked for an accommodation for a medical condition and, because the accommodation never happened, you feel forced to retire. This is a very case-specific analysis, so if you think this applies to you, we recommend talking to a lawyer promptly.

Employment lawyer:
1) would management's direction have led to govn't waste and abuse? 2) am i a victim of retaliation?

1) I am an employee of a military contractor
2 I was asked to perform a task to formulate an engineering item , on a DoD, cost plus type contract.
3) My request to management for necessary information to form the item was refused
4) At a me...

Kristin’s Answer

February 11, 2016 3:36pm

I agree that you should talk with a lawyer. Seek a lawyer who is specialized in whistle blowing and qui tam claims. I also recommend that you not talk with anyone other than a lawyer about your situation unless and until you get sound legal advice. For example, do not file any complaints with an IG until you know all your rights and options. This is a complicated field of law. Best of luck.